He has no doubt received His Majesty’s pardon. It has been obtained for
him, at a very great expense, for the sole purpose of enabling him to
be a witness in this cause. But though the Court has determined that
this pardon, the crimes being committed in England, rehabilitates this
man, and that his evidence is admissible; yet no pardon can restore his
credibility, or render him an honest man. The pardon cannot alter the
nature of the criminal; “can the Ethiopian change his skin, or the
leopard his spots?” Is it possible that a King’s pardon can restore
purity of heart, rectitude, and integrity? Can “a piece of parchment
with a seal dangling at it,” a phrase employed on another occasion,
perhaps with less force of application, turn wickedness into honesty,
and transmute infamy into honour? The King has no such prerogative; this
is the prerogative of the King of Kings alone, exerted only towards
repenting offenders; and even with Him such change may well be accounted
a miracle.
In the eye of reason, therefore, Brown is still a notorious convicted
felon, an infamous, unrepenting villain, who, till the 28th July last,
the date of the pardon, would not have been received as a witness even
in a twopenny-halfpenny cause between man and man. And yet upon this
evidence is now to depend the reputation and life of a once respected
citizen! These things need only to be mentioned, gentlemen, in order to
be fully felt, nor will I insult the understanding of so intelligent a
jury by dwelling upon them for a moment longer.
But this, gentlemen, is not all. Mark the game which this man had to
play, and in what manner he has played it. He had not, like Ainslie,
only his accession to this offence to shake himself loose of; a sentence
of transportation hung over his head. This sentence he has not obeyed;
and the penal certification is in England, I suppose, as it is with us,
capital. By accusing a person of such consequence as to make it worth
the while of the servants of the Crown to make him King’s evidence, he
not only freed himself from trial for the offences committed here, but
secured a pardon for the offence of which he stood convicted, as it was
necessary, to qualify him to be a witness, that his former conviction be
done away, and all his former crimes washed off in the fountain of Royal
favour. A bribe of such magnitude flesh and blood could not resist.
Thus, gentlemen, in addition to the profligacy of character, to the load
of infamy under which this man laboured, you see the most powerful
engines which can set in motion the human soul employed to drag him
forward to an accusation which he had not originally made, and which,
but for this, his conscience, hardened as it is, might have prevented
him from ever making.
Public-domain text, read in full here on John Shaqi.
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